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Evidence Law T2
Evidence Law T2
TUTORIAL 2
Lecture notes: Act is clear and unambiguous, no reference can be made to common law
PP V. DATO' SERI ANWAR IBRAHIM (NO 3) (1999)
Case was about the corruption of the officers but they keep trying to show evidence on
alleged sodomy. Ct held that it is not an affecting issue so no evidence on allegation of
sodomy is admissible because S5 of evidence act dont allow it.
a. fact in issue
S3 "fact in issue" means any fact from which, either by itself or in connection with other
facts, the existence, non-existence, nature or extent of any right, liability or disability
asserted or denied in any suit or proceeding necessarily follows
Sir Rupert Cross: Fact in issue are all those facts that:
(a) a plaintiff in a civil action or a prosecutor in criminal proceedings must establish in
order to succeed, and
(b) any further facts that the defendant/ accused must establish to rely on a defence
c. direct evidence
Direct evidence supports the truth of an assertion (in criminal law, an assertion of guilt or
of innocence) directly, i.e., without an intervening inference.
d. circumstantial evidence
Circumstantial evidence, by contrast, consists of a fact or set of facts which, if proven,
will support the creation of an inference that the matter asserted is true
e. oral evidence
S3 "evidence" includes--
(a) all statements which the court permits or requires to be made before it by witnesses in
relation to matters of fact under inquiry: such statements are called oral evidence;
S 59. All facts, except the contents of documents, may be proved by oral evidence.
f. documentary evidence
S3 (b) all documents produced for the inspection of the court: such documents are called
documentary evidence;
S61. The contents of documents may be proved either by primary or by secondary
evidence.
6. the film was in essence a reconstruction of the alleged crime and quite apart from
the interval of three months , we think that evidence of this type is inadmissible..
Discuss
R v Quinn & Bloom
- owners of nightclubs were charged with allowing strip tease to be performed without
permission.
- For the sake of evidence PP brought in reconstruction where he hired girls to do it for it
to be used as evidence
- Court rejected the evidence, evidence of this type is inadmissible, allowing this kind of
evidence is not favorable, it is not the best evidence
- Best evidence affects admissibility
7. Jen has been charged with the murder of Angie alleged to have been committed on the
1.4.2007 at Angies house at about 8.00pm.
Identify the type of evidence and advise as to the relevancy of the following :
a. PW1 (Angies neighbour) testimony that he saw Jen stab Angie (direct);
b. PW2 testimony that Jen bought a knife from him on the 31.3.2007.This knife is
alleged to be the murder weapon (circumstantial);
c. PW2 is crossed examined on his previous convictions for assault (circumstantial);
d. PW3( lives opposite Angies house ) testimony that she saw Jen leave Angies
house on the 1.4.2007 about 8.30pm (circumstantial);
e. PW4 testimony that Jens boyfriend had left her for Angie (circumstantial);
f. PW4 is crossed examined on his previous relationship with Jen (circumstantial);
g. PW5 testimony that a knife was found in Jens bedroom wrapped in a newspaper.
This knife is alleged to be the murder weapon. (direct)
8. Identify the procedure to adduce the following evidence in court:
a. Documentary evidence
Need to affirm authenticity, contents and real evidence(rare)
Both parties need to agree to documents as to whether they are authentic
Contents would not be agreed unless expressly agreed to by parties
The documents do not become evidence until referred to by the parties, when that
happens they will be known as exhibits
ROC O34 r 2
Part1/A- Both authenticity and contents are agreed
Part2/B- Only authenticity is agreed, contents are disputed and can be challenged
Part3/C- Both authenticity and content are disputed
b. Oral evidence
Make an oral evidence under an oath/ affirmation (known as sworn evidence);
exceptions: child witnesses and accused can make an unsworn statement in the
kandang
S60- only facts perceived nd matters witness has personal knowledge of
O38&O41- use of affidavits
O38r2 & O39- Use of witness statements
S112 CPC& S402 CPC
c. Real evidence
- Real evidence must be adduced by a witness and marked and identified as
exhibit before it will be admitted as evidence. Marked as ID before it is
admitted in evidence
- Chain of evidence must be established